1987 Ed.]
Cestui Que Vie Act 1540
[App. IIA
rentis or fee fermes as were due unto their testatours in their lifes, nor yet the heires of suche testatour nor anny (person) having the reversion of his estate aftre his deceace may distraine or have anny laufull action to levye anny suche arrerages of rentis or fee fermes due unto him in his life as is aforesaid; by reason whereof the tenantis of the [demayne1] of suche landis tenementis or hereditamentis out of the whiche suche rentis were due and paieable who of right [out2] to pay their rentis and fermes(3) suche daies and termes as they were due, doo many tymes kepe holde and retaine such arrerages in their owne handis, so that thexecutours and administratours of the (persons) to whome suche rentis or fee fermes were due cannot have or (come) by the said arrerages of the same towardis the payment of the dettis and (performance) of the will of the said testatours; for remedy wherof be it enacted by auctoritie of this (present) (parliament) that
[1] Executors, etc. may maintain action of debt for arrears of rent due to testator; or distrain the immediate tenant.--The executours and administratours of (every) suche (person) or (persons) unto whome any suche rent or fee ferme is or shalbe due and not paid at the tyme of his deathe shall and may have an action of dett for all suche arrerages, against the ten2nt or tenantis that ought to have paide the said rent or fee fermes so being behinde in the life of their testatour, or against thexecutours and administratours of the said tenantis; And also furthermore it shalbe laufull to (every) suche executour and administratour of any suche (person) or (persons), unto whome suche rent or feferme is or shalbe due and not paid at the tyme of his deathe as is aforesaid, to distraine for the arrerages of all suche rentis and fee fermes upon the landis tenementis and other thereditamentis whiche were charged with the payment of suche rentis or fee fermes, and chargeable to the [distrees+] of the said testatour, so longe as the said landis tenementis or(5) hereditamentis contynue remaine and be in the season or possession of the said tenant in [demaine*] who ought ymmediately to have paid the said rent or fee ferme so being behinde to the said testatour in his life, or in the season or possession of anny other (person) or (persons) clayming the said (lands) (tenements) & hereditamentis onely by and from the said tenant by purchace gifte or discent; in like maner and fourme as their said testatour mought or ought to have doon in his life tyme, and the said executours and administratours shall for the same distresse laufully make avowry uppon their matier afforesaid.
3. Husband may recover rent due in right of his wife deceased.—— And.... if anny man which nowe hathe or heraftre shalhave in the right of his wif anny estate in fee symple fee taill or for terme of life
1 demeane O.
2 ought O.
3 atte O.
* distresse O.
5 other O.
* demeane O.
3
Item 8